LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

U.  S.  SuDt.  of  Documents. 


Class 


[Printed  as  Manuscript] 

LIBRARY  OF  CONGRESS 


LIST 


OF  MORE  RECENT  WORKS  ON 


FEDERAL  CONTROL  OF  COMMERCE 
AND  CORPORATIONS 


Cotnpiled  under  the  direction  of 

APPLETON  PRENTISS  CLARK  GRIFFIN 

Chief  Bibliographer 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1907 


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[Printed  as  Manuscript] 

i.C.^    LIBRARY  OF  CONGRESS  .  U  ,V,   »f   l>^^l 


LIST 


OF  MORE  RECENT  WORKS  ON 


FEDERAL  CONTROL  OF  COMMERCE 
AND  CORPORATIONS 


Compiled  undet  the  direction  of 

APPLETON  PRENTISS  CLARK  GRIFFIN 

Chief  Bibliographer 


Or 

UNIVERSITY 

OF 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1907 


0^ 


\^ 


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LIST.  OF   MORE    RECENT  WORKS   ON    FEDERAL 

CONTROL   OF   COMMERCE   AND 

CORPORATIONS. 


American  academy  of  political  and  social  science.  [Federal 
regulation  of  corporations.] 
Philadelphia:  American  academy  of  political  and  social 
science^  1905.  (^),  173  pp.  ^°.  {The  annals  of  the  Amer- 
ica7i  academy  of  political  and  social  science,  vol.  XXVI ^ 
no.  3.) 

The  scope  and  limits  of  federal  antitrust  legislation:  Ad- 
dresses at  the  eighth  annual  meeting,  and  papers  by  James 
M.  Beck  .  .  .  Charlton  T.  Lewis  .  .  .  James  Wilford 
Garner. 
Philadelphia:  American  academy  of  political  and  social 
science;  London:  P.  S.  King  c&  Son;  [etc.]  1904-  (4), 
89-147  pp.  8°.  {Publications  of  the  American  academy 
of  political  and  social  science^  no.  430.) 

CONTENTS. 

The  federal  power  over  trusts,  by  J.  M.  Beck ;  The  scope  and 
limits  of  congressional  legislation  against  the  trusts,  by  C. 
T.  Lewis ;  The  Northern  securities  case,  by  J.  W.  Garner. 

Ames,  Herman  Vandenburg,  ed.     State  documents  on  federal  rela- 
tions :  the  states  and  the  United  States. 
Philadelphia:   The  department  of  history  of  the  University 
of  Pe7insylvania,  1906.     {4),  3-7,  320  pp.  IT. 

Part  III.  State  taxation  as  affecting  commerce;  Taxation  of 
imports  and  exports;  Duties  of  tonnage;  Taxation  of  prop- 
erty ;  Privilege  and  occupation  taxes ;  Taxation  of  corporate 
franchises;  Discrimination  by  taxation. 

Beale,  Joseph  Henry,  jr.    The  law  of  railroad  rate  regulation,  with 
special  reference  to  American  legislation. 
Boston:  W.  J.  Nagel,  1906.     Hi,  1285  pp.    8°. 


^  anA  €\rz 


4  '  LIBRAKY    OF    CONGRESS 

Calvert,  Thomas  H.     Regulation  of  commerce  under  the  federal  con- 
stitution. 
Northport^  Long  Island^  N.  Y.:    Edward  Thompson  com- 
pany^ 1907.    xiv^  380  pp.    8°.     (Studies  in  constitutional 
law.) 

CONTENTS. — Part  I.  The  constitutional  provisions  and  the  gen- 
eral power  of  Congress  and  the  states:  The  constitutional 
provisions  generally ;  The  general  power  of  Congress ;  The 
general  power  of  the  states.  Part  II.  Subjects  of  regula- 
tion: Manufacture  and  production;  Sale,  purchase,  and  ex- 
change of  commodities;  Transportation  of  persons  and 
property  generally ;  Railroad  and  express  companies  ;  Tele- 
graph and  telephone  companies ;  Navigation  and  navigable 
waters;  Ships  and  shipping;  Bridges;  Sundry  subjects  of 
regulation  ;   Discriminative  state  statutes. 

Cowan,  S.  H.     Government  regulation  of  interstate  commerce. 

{In  National  live  stock  association.  Proceedings.  Eighth  an- 
nual convention,  1905,  pp.  93-111.     Denver,  1905.    8**.) 

Fink,  Henry.     Regulation  of  railway  rates  on  interstate  freight  traf- 
fic.   2ded. 

New  York:  The  Evening  post  job  printing  office,  1905.    v, 
236  pp.    8°. 

Contents. — I.  Regulation  by  the  railroads,  or  self-government. 
II.  Regulation  by  federal  government.  III.  Additional 
legislation. 

Freund,  Ernst.     The  police  power,  public  policy  and  constitutional 
rights. 
Chicago:  Callaghaii  cf*  company,  1904^.     xcii,   [^],  819  pp. 

"  The  federal  government  and  the  police  power,"  pp.  62-83. 

Haines,  Henry  Stevens.     Railway  corporations  as  public  servants. 

New   York,   London:  The  Macmillan  company,  1907.     ix, 
233  pp.    <^°. 

After  an  exposition  of  the  evolution  of  the  public  service  per- 
formed by  railroad  corporations,  the  author  considers  the 
present  relations  between  the  railroad  companies,  the  people, 
and  the  federal  government  with  view  to  the  regulation  of 
railway  service.  ^ 

Harts,  William  W.     The  control  of  hydraulic  mining  in  California 
by  the  federal  government. 

{In  American  society  of  civil  engineers.  Proceedings,  vol.  32, 
Feb.,  1906,  pp.  95-124.    New  York,  1906.    8°.) 


FEDERAL    CONTROL    OF    COMMERCE    AND    CORPORATIONS  5 

Hendrick,  Frank.     The  power  to  regulate  corporations  and  com- 
merce; a  discussion  of  the  existence,  basis,  nature,  and 
scope  of  the  common  law  of  the  United  States. 
New  York  and  London:  G.  P.  Putnam's  sonSy  1906.     Ixxii^ 
516  pp.    8°. 

Jenks,  Jeremiah  W.     How  Congress  may  control  trusts. 

(In  La  Follette,  Robert  M.  ed.  The  making  of  America,  vol.  3, 
pp.  222-230.     Chicago,  1906.     8°.) 

Jones,  Paul.    The  commercial  power  of  Congress. 

Netv  York:  PHvate  printing  [^press  of  C.  S.  Nathan']  190 Jf. 
{6),Si5pp.    8°. 

'   Judson,  Frederick  Newton.     The  law  of  interstate  conmierce  and  its 
federal  regulation. 
Chicago:  T.  H.  Flood  c&  co.,  1905.    xix,  509  pp.    8°. 

Marburg,  Theodore.    State  interference. 

{In  American  political  science  association.  Proceedings  at  its 
second  annual  meeting,  pp.  187-197.    Lancaster,  Pa.,  1906. 

8^) 

Meade,  Edward  Sherwood.    Trust  finance;   a  study  of  the  genesis, 
organization,  and  management  of  industrial  combinations. 
New  York:  D.  Appleton  and  company^  1903.    ix,  387 ^  (2)  pp. 
12°.     [Appletons^  business  series.'] 

"  The  first  essential  to  .  .  .  reform  in  our  corporation  law 
is  national  control  of  all  our  corporations." 

Noyes,  Walter  Chadwick.     American  railroad  rates. 

Boston:  Little,  Brown,  and  company,  1905.     {10),  277  pp. 
8°. 

This  writer  is  a  judge  of  the  court  of  common  pleas  in  Con- 
necticut, and  a  railroad  president.  Argues  that  the  rail- 
roads should  favor  couservative  legislation.  In  a  chapter  on 
"  Federal  regulation  "  he  discusses  effective  legislation  and 
proposes : 

First.  A  special  court  should  be  created  in  accordance  with  the 
constitutional  provisions  concerning  the  federal  judiciary. 
Complaints  made  by  persons  aggrieved — or  in  their  behalf  by 
a  public  oflBcial  or  board — that  specific  railroad  rates  upon 
interstate  traffic  are  unreasonable  and  unjust  should  be  pre-, 
sented  to  this  court.  After  speedy  notice  to  the  carrier  the 
court  should  summarily  inquire  into  the  reasonableness  of 
the  rate  complained  of.  If  found  reasonable,  the  complaint 
should  be  dismissed ;  if  found  unreasonable,  the  court  should 
enjoin  its  further  collection.  This  would  end  the  function 
of  the  court. 


6  LIBRARY    OF    CONGRESS 

Patterson,  Christopher  Stuart.     The  United  States  and  the  states 
under  the  constitution.    2d  ed.,  with  notes  and  references 
to  additional  authorities,  by  Robt.  P.  Reeder. 
Philadelphia:  T.  <&  -/.  W.  Johnson  <&  co.^  190 J^.     xli^  3lf7  pp. 
8°. 

Prentice,  Ezra  Parmalee.     The  federal  power  over  carriers  and  cor- 
porations. 
New   York,  London:  The  Macmillan  company,  1907.    xi. 

The  writer  reviews  the  history  of  state  and  federal  legislation 
regarding  transportation  with  copious  citations  to  support 
his  thesis  denying  the  right  of  federal  regulation  of  carriers 
under  the  commerce  clause  of  the  Constitution. 

Smythe,  William  E.     Constructive  democracy,  the  economics  of  a 
square  deal. 
New  York:  The  Maxymillan  company,  1905.    viii,  4^7  pp.    8°. 

"  The  taming  of  mouoix)ly,"  pp.  53-260 ;  "  Mr.  Garfield's  propo- 
sitions," pp.  17(V-185. 

Snyder,  William  Lamartine.  The  interstate  commerce  act  and  fed^ 
eral  anti-trust  laws,  including  the  Sherman  act;  the  act 
creating  the  Bureau  of  corporations;  the  Elkins  act;  the 
act  to  expedite  suits  in  the  federal  courts ;  acts  relating  to 
telegraph,  military,  and  post  roads;  safety  appliance  law 
affecting  equipment  of  cars  used  in  inter-state  commerce, 
with  all  amendments.  With  comments  and  authorities 
and  a  Supplement. 
New  York:  Baker,  Voorhis  <&  company,  1906.  2  vol. 
Frontispiece.     Map.     8°. 

Vol.  2  has  title:  Supplement  to  Snyder's  Interstate  commerce 
act  and  federal  anti-trust  laws  embracing  the  Railway  rate 
bill  approved  .Tune  29,  1006,  .  .  .  including  also  the  Employ- 
ers' liability  bill,  Pure  food  bill.  Meat  inspection  bill,  and 
Hall-mark  or  Jewelers'  library  bill.  .  .  . 

Spelling,  Thomas  Carl.     Bossism  and  monopoly  .  .  . 

New  York:  D.  Appleton  and  company,  1906  [1905].    ix,  [1]. 
358  pp.    12°. 

"  Government  activity  to  meet  rapidly  changing  conditions 
...  is  the  crying  need  of  the  hour.  Governmental  passive- 
ness  means  national  death." 

Stickney,  Alpheus  Beede.     The  defects  of  the  interstate  commerce 
law.     An  address  by  A.  B.  Stickney  at  a  meeting  of  the 
Washington  economic  society. 
{Washington?  1905.]     25  pp.    8°. 


FEDERAL    CONTROL    OF    COMMERCE    AND    CORPORATIONS  7 

United  States.     Bureau  of  Corporations.     Report  of  the  Commis- 
sioner of  corporations.     December,  1904. 
Washington:  Government  printing  office^  190 Jf.     (^),  71  pp. 
8°.     {68th  Cong.^  3d  sess.     House  doc.  no.  165.) 

Recommends  a  Federal  franchise  or  license  system  for  inter- 
state commerce.  Contains  the  following  appendices :  Appen- 
dix A.  Federal  incorporation — can  Congress  create  corpora- 
tions to  engage  in  Interstate  commerce  and  also  grant  them 
franchises  to  produce?  Appendix  B.  Federal  franchise  sys- 
tem for  interstate  commerce.  Appendix  C.  Consideration  of 
details. 

Report  of  the  Commissioner  of  corporations  on  the  trans- 

portation of  petroleum.     Maj^  2,  1906. 
Washington:  Government  printing  office.  1906.     xxvii,  512 
pp.     Maps.     Facsimiles.     Diagrams.     8°. 

Congress.    House.    Committee  on  interstate  and  foreign  com- 

merce. Hearings  before  the  Committee  on  interstate  and 
foreign  commerce  of  the  House  of  representatives  on 
H.  R.  10431,  6273,  6768,  7640,  10008,  11434,  11594,  13778, 
12767,  15600,  16301,  to  amend  the  interstate-commerce  law. 
[Dec.  9,  1904-Jan.  25,  1905.] 
Washington:  Government  printing  offtce^  1905.    1^11  pp.    8°. 

Heai'ings  before  the  Committee  on  interstate 

and  foreign  commerce  of  the  House  of  representatives  on 
bills  to  amend  the  interstate-commerce  act.  House  report 
4093;  Amending  the  interstate-commerce  act;  The  anti- 
trust act,  and  acts  supplementary  thereto. 
Washington:  Government  printing  office.,  1905.  (^),  .IflU 
282^  19^  4-6  pp.  8°.  (58th  Congress,  3d  session.  House 
document  no.  1^22.) 

Contents. — Proposed  enlargement  of  the  powers  of  the  Inter- 
state commerce  commission ;  To  amend  the  interstate-com- 
merce law  relating  to  private  car  lines.  Amending  the 
Interstate-commerce  act;  The  act  to  regulate  commerce  (as 
amended),  and  acts  supplementary  thereto;  The  Antitrust 
act,  and  acts  supplementary  thereto,  1887-1905. 

Powers  of  the  Interstate  commerce  commis- 


sion    .     .     .     Report.     [To  accompany  H.  R.  12987.] 
Washington:  Government  printing  offi.ce.,  1906.    30  pp.    8°. 
(59th  Congress.,  1st  session.     House  Rept.  591.) 

Submitted  by  Mr.  Hepburn.     Ordered  printed,  Jan,  27,  1906. 

House.  Committee  on  the  judiciary.  National  incorpora- 
tion law.  Hearing  before  the  House  committee  on  the 
judiciary.     February  10,  1904. 

Washington:  Government  printing  office,  1901),.     3  pp.     8°. 
Contains  statement  by  F.  B,  Thurber. 


8  LIBRARY    OF    CONGRESS 

United  States.      House.     Committee  on  the  judiciary.     Hearing 

before  the  Committee  on  the  judiciary  of  the  House  of 

Representatives,  59th  Congress,  1st  session  [February  21- 

March  20,  190G]  in  relation  to  H.  R.  3159,  H.  R.  13655, 

H.  R.  13856,  H.R.  16479.  .  .  . 

Washington:  Government  printing  ofjlce.,  1906.    316  pp.    8°. 

Bills    concerning    the   transportjition    of    intoxicating    liquors 

from  one  state  or  territory  into  another  state  or  territory. 

Hepburn- Dolliver  bill.     Full  hearings  before 


the  Committee  on  the  judiciary  of  the  House  of  Repre- 
sentatives on  the  bill  (H.  R.  4072)  entitled  "A  bill  to  limit 
the  eflfect  of  the  regulation  of  commerce  between  the  several 
states  and  with  foreign  countries  in  certain  cases  ".  .  . 
Washington:  Government  printing  office^  1904.    ^06  pp.    8°. 

Senate.  Committee  on  interstate  commerce.  Duties  and 
powers  of  the  Interstate  commerce  commission.  Hearings, 
December  16,  1904,  and  subsequently. 

Washington:  Government  printing  office,  1905.    309  pp.    8°. 

"  Railway  freight  rates  and  pooling."     Hear- 


ings before  the  Committee  on  interstate  commerce,'  United 
States  Senate  [Feb.  7,  April  17,  1902]  having  under  con- 
sideration the  bills  (S.  3521)  "to  enlarge  the  jurisdiction 
and  powers  of  the  Interstate  commerce  commission,"  intro- 
duced Feb.  4,  1902,  by  Mr.  Elkins;  and  (S.  3575)  "to 
amend  an  act  entitled  'An  act  to  regulate  commerce,'  ap- 
proved February  4, 1887,  and  all  acts  amendatory  thereof," 
introduced  February  5,  1902,  by  Mr.  Nelson.  Vol.  1. 
Washington:  Government  printing  office,  1902.  xix,  (i), 
210,  28  pp.    8°. 

Pp.  1-28,  Appendix,  has  separate  title-page:  The  act  to  regu- 
late commerce,  as  amended,  together  with  acts  supplemen- 
tary thereto.    Washington :  Government  printing  office,  1895. 

Regulation  of  railway  rates.     Hearings  before 


the  Committee  on  interstate  commerce.  Senate  of  the' 
United  States,  December  16,  1904  .  .  .  —[May  23,  1905] 
on  bills  to  amend  the  interstate  commerce  act.  .  .  . 
Wa^shington:  Government  printing  office,  1906.  6  vol. 
Folded  map.  Diagrams.  8°.  {69th  Congress,  1st  session, 
Senate  document  no.  24^.) 

Title  varies:  Vol.  1,  Regulation  of  railway  rates.  Hearings 
before  the  Committee  on  interstate  commerce,  Senate  of  the 
United  States  ...  on  bills  to  amend  the  interstate  com- 
merce act  .  .  .  Vol.  2-A,  Regulations  of  railway  rates. 
Hearings    before    the    Committee    on    interstate    commerce, 


FEDERAL    CONTROL    OF   COMMERCE    AND    CORPORATIONS  9 

United  States  Senate,  in  special  session,  pursuant  to  Senate 
resolution  no.  288,  Fiftj'-eighth  Congress,  third  session  .  .  . 
Vol.  5,  Regulation  of  railway  rates.  Appendices.  Hearings 
[etc.]. 

Contents. — Testimony,  December  16,  1904r-February  23,  1905 — 
Private  car  line  systems. — Resolutions,  petitions,  memorials, 
and  letters  of  legislatures,  boards  of  trade,  chambers  of 
(commerce,  and  others  [continued,  vol.  4,  p.  3785-3795]. — 
Partial  list  of  bonds  and  stoclvS  of  railroads  held  by  savings 
banks,  insurance  companies,  and  other  institutions  in  1900.-:- 
Bills  relating  to  interstate  commerce  and  the  Interstate 
commerce  commission,  58th  Congress. — Report  upon  bill 
.H.  R.  18588. 

Vol.  2,  Testimony,  April  17-May  6,  1905. 

Vol.  3,  Testimony,  May  8-17,  1905. 

Vol.  4,  Testimony,  May  18-28,  1905— Additional  list  of  ship- 
pers [etc.,  continued  from  vol.  1,  p.  491]. — List  of  wit- 
nesses.— Consolidated  index,  vol.  1-5. 

Vol.  5,  Appendices. — A.  Railway  act  of  the  Dominion  of 
Canada,  1903. — B.  British  railway  laws  and  regulations. — 
C.  French  railways — How  their  operation  is  controlled  by 
Government  regulations  (Colson). — D.  Complaints  and  cases 
brought  before  the  Interstate  commerce  commission  and  the 
courts  involving  violations  of  the  act  to  regulate  commerce 
and  amendments  thereof. — ^^E.  (pt.  1).  Briefs  filed  with  the 
Interstate  commerce  commission  in  the  matter  of  the  inland 
port  differentials  on  import  and  export  trafl5c  to  and  from 
North  Atlantic  ports  by  commercial  organizations  .  .  .  — E. 
(pt.  2).  Report  and  opinion  of  the  Interstate  commerce  com- 
mission in  the  matter  of  differential  freight  rates  to  and 
from  North  Atlantic  ports.  April  27,  1905.— F.  (pt.  1). 
Federal  statutes  on  interstate  commerce,  annotated.  Chap- 
ter from  "  Federal  statutes  annotated,"  vol.  3,  comp.  by 
W.  M.  McKinney  and  P.  C.  Kemper,  jr.  .  .  .  1904.— F.  (pt  2). 
Federal  courts  and  the  orders  of  the  Interstate  commerce 
commission.  By  H.  T.  Ne\vcomb. — G.  Before  the  Interstate 
commerce  commission — Transportation  of  dressed  meats  and 
packing-house  products — Orders  and  testimony. — H.  Report 
and  opinion  of  the  Interstate  commerce  commission  in  the 
case  of  the  Milk  producers'  protective  association,  com- 
plainant, V.  the  Delaware,  Lackawanna  and  Western  and 
other  railway  companies,  defendants.  March  13,  1897. — I. 
Statutes  of  the  United  States — ^Act  to  regulate  commerce  (as 
amended)  and  acts  supplementary  thereto ;  also  so-called 
trust  laws  .  .  .  comp.  by  Joel  Grayson. — J.  Laws  of  the 
states  and  territories  concerning  employers'  liability.  .  .  . 
N.  History  of  bills  and  resolutions  in  Congress  respecting 
federal  regulation  of  railways,  1862-1904.  ... 

United  States.  Senate.  Committee  on  interstate  com^merce.  Regu- 
lation of  railway  rates.  Digest  of  the  hearings  before  the 
Committee  on  interstate  commerce,  Senate  of  the  United 
States;  held  from  December  16,  1904,  to  May  23,  1905,. 


10  LIBRARY    OF    CONGRESS 

inclusive,  together  with  certain  data  .  .  .  Comp.  by  order 
of  the  committee  bj^  Henrj^  C  Adams,  statistician  to  the 
United  States  Interstate  commerce  commission,  and  H.  T. 
Newcomb.  December  15,  1905. 
Washington:  Government  pinnting  office^  1906.  811  pp. 
Folded  table.  8°.  (59th  Congress,  1st  session.  Senate. 
Doc.  2U') 

Appendices:  I.  Interstate  eonnnerce  law,  with  changes  and 
amendments  indicated,  comp.  by  H.  T.  Newcomb.  II. 
Freight  rates  via  railway  routes.  Data  supplied  by  Mr. 
J.  M.  Smith.  III.  Long  and  short  haul  rates.  IV.  Freight 
rates  by  water  routes.  V.  Import  rates.  VI.  Concentration 
of  railway  control  in  the  United  States,  by  W.  J.  Meyers. 
VII.  Synopsis  of  cases  of  alleged  discrimination  other  than 
in  tariff  rates  ...  by  H.  M.  Bowman.  VIII.  Statistics  of 
railways  in  the  United  States. 

59th  Congress,  1st  session.     House  report  no.  2491.     Regu- 

lation of  corporations.     Report  from  the  Committee  on 
the  judiciary.     March  23,  1900.     26  pp.  8°. 

"  In  answer  to  the  foregoing  resolution  of  inquiry  the  com- 
mittee is  of  the  opinion :  First  That  the  commerce  clause  of 
the  Constitution  does  not  confer  upon  Congress  the  power  to 
regulate  or  control  the  business  of  insurance.  Second.  That 
the  Constitution  does  not  confer  upon  Congress  the  power  to 
regulate  or  control  State  corporations  operating  within  the 
States,  except  so  far  as  they  may  be  engaged  in  interstate 
commerce." 

Supr'eme  court.     October  term,  1903.     The  Northern  securi- 

ties company  and  others  cs.  the  United  States.  Opinion 
delivered  by  Mr.  Justice  Harlan,  with  concurring  and  dis- 
senting opinions.  Delivered  March  14,  1904.  March  28, 
1904.— Ordered  printed. 
Washington :  Government  planting  o-f^icc,  190 J^.  72  pp.  8^. 
{58th  Congress,  2d  session.  Senate  Doc.  no.  232.) 
No.  277.— October  term,  1903. 

Walker,    Francis.     The   taxation    of    corporations   in   the   United 
States. 

{In  American  academy  of  political  and  social  science.     Annals, 

vol.  10,  Mar..  1IX)2.  pp.  165-184.) 
"The  oninrf^enient  of  Federal  control  is  a  matter  of  necessity 
in  many  ways,  and  the  need  of  it  will  become  more  and  more 
urgent  as  the  economic  relations  of  different  parts  of  the 
country  become  more  intimate  and  the  organization  of 
business  more  centralized." 

Wilgus,  A.  L.     Should  there  be  a  federal  incorporation  law  for 
commercial  corporations  ? 
Ann  Arbor,  Michigan:  George  Wahr,  publisher,  1905.    57 
pp,    8°. 


FEDERAL    CONTROL    OF    COMMERCE    ASD    CORPORATIONS  11 

Wilgus,  Horace  La  Fayette.    A  national  incorporation  law.    I.  Need 
of  a  national  incorporation  law.     II.  A  proposed  national 
incorporation  law. 
[Ann  Arbor,  Mich.,  1904.]     ^H  PP-     V- 

Young,  Jeremiah  Simeon.     X  political  and  constitutional  study  of 
the  Cumberland  road. 
Chicago:  University  press,  190 Jf.     106  pp.    8°. 


ARTICLES  IN  PERIODICALS 


1902.  National  incorporation  laAvs  for  trusts.    James  B.  Dill. 
Yale  law  journal,  vol.  11  {Apr.,  1902) :  273-295. 

"Address  before  the  Seminary  in  economics  of  Harvard  uni- 
versity, March  10th,  1902." 

1903.  Federal  incorporation  for  companies  engaged  in  interstate 

commerce.     Henry  W.  Palmer. 

National  corporation  reporter,  vol.  27  (Nov.  26,  1903) :  376- 
377. 

1903.  The  Dartmouth  college  case  in  the  Supreme  court  of  Illinois. 
National  corporation  reporter,  vol.  27  {Dec.  17,  2J^,  190Jf)  : 

i72,  1^96. 

1904.  National  supervision  of  insurance   and  Paul  v.  Virginia. 

John  W.  Walsh. 
American  law  review,  vol.  38  {Mar.-Apr.,  190^) :  181-193. 

1904.     State    monopolies    of    interstate    commerce.     E.    Parmalee 
Prentice. 
North  American  review,  vol.  178  {Apr.,  1904)  '  ^9-511. 

1904.     National    control    of    the    pollution    of    public    waterways. 
Charles  Claflin  Allen. 
Amemcan  law  review,  vol.  38  {May -June,  1904)  •'  321-333. 

1904.     One  phase  of  federal  power  under  the  commerce  clause  of 
the  Constitution.     John  C.  Donnelly. 
Michigan  law  review,  vol.  2  {May,  1904)  -'  670-686. 

1 904.     State  regulation  of  insurance.     L.  G.  Fouse. 

American  academy  of  political  and  social  science.  Annals, 
vol.  24  {July,  1904)  '  67-83. 


12  LIBRARY    OF    CO  TIGRESS 

1904.     The  Northern  securities  case.    James  Wilford  Garner. 

American  academy  of  political  and  social  science^  Annals^ 
vol.  U  (July,  190Ji)  :  123-U7. 

1904.     The  exclusive  power  of  Congress  to  regulate  interstate  and 
foreign  commerce.     David  Walter  Brown. 
Columbia  law  review,  vol.  If.  {Nov.  1904)  •'  WOSOl. 

1904.     Is  there  a  federal  police  power?     Paul  Fuller. 

Columbia  law  review,  vol.  4,  (Dec.  1904)  •  563-688. 

1904.     Government  regulation  of  railroads. 

Outlook,  vol.  78  {Dec.  17, 1904) :  963-964. 

1904.  The  Administration's  trust  plan:    federal  franchises  pro- 

posed in  Commissioner  Garfield's  first  report:  a  remedy 
for  the  present  condition  of  anarchy. 
Public  opinion,  vol.  37  {Dec.  29,  1904)  '  807-808. 

1905.  .  The  limitations  of  the  power  of  a  state  under  a  reserved  right 

to  amend  or  repeal  charters  of  incorporation.     Horace 
Stem. 
American  law  register,  vol.  53  {Jan.  Feb.  Mar.  1905) :  1-47^ 
73-111,145-169. 

1905.     Federal  control  of  corporations. 

Financier,  vol.  85  {Jan.  2, 1905) :  23-24. 

1905.     Federal  law  of  corporations. 

Manufacturers'^  record,  vol.  46  {Jan.  5, 1905) :  600. 

1905.     Regulation    of    corporations    by    federal    law.     Robert    L. 
Cutting. 
Albany  law  journal,  vol.  67  {Feb.,  1905) :  39-44- 

1905.     Mr.  Garfield's  report. 

American  monthly  review  of  reviews,  vol.  31  {Feb.,  1905) : 
142. 

1905.     Transportation  control  must  be  regulated  by  government: 
X         address  of  President  Roosevelt  in  Philadelphia  at  the  ban- 
quet of  the  Union  league. 
American  syren  and  shipping,  vol.  10  {Feb.  4^  1905) :  85-86. 

1905.     Chief  Justice  Marshall  on  federal  regulation  of  interstate 
carriers.     E.  Parmalee  Prentice. 
Columbia  law  review,  vol.  5  {Feb.,  1905) :  77-106. 

"  Founded  upon  an  explanation  of  the  exact  decision  of  the 
early  case  of  Gibbons  v.  Ogden,  to  which  Mr.  Garfield's  re- 
port seems  to  turn  for  authority." 


FEDERAL    CONTROL    OF    COMMERCE    AND    CORPORATIONS  13 

- — 1905.     Federal  control  of  corporations. 

Current  literature,  vol.  38  (Feb,,  1905) :  105-107. 

1905.   Federal    control    of    insurance    corporations.      William    R. 
Vance. 

Green  hag,  vol.  17  {Feb.,  1905) :  83S9. 

, 1905.     Federal  license  or  national  incorporation.      H.  L.  Wilgus. 

Michigan  law  review,  vol.  3  {Feb.,  1905) :  264,-281. 

"Analysis  and  criticism  of  Commissioner  Garfield's  report. 
Contends  that  the  objections  to  incorporation  apply  with 
still  greater  force  to  Federal  license." 

1905.     Proposed  interstate  commerce  legislation.     David  Willcox. 

Railway  world,  vol.  49  (Feb.  3, 1905) :  87-90. 

1905.     President  Roosevelt  and  company  law. 

Saturday  review,  vol.  99  {Feb.  4, 1905) :  136-137. 

^      1905.     Two  objections  to  federal  license.   . 

World's  work,  vol.  9{  Feb.,  1905) :  57T9-5780. 

1905.     Federal  control  of  insurance.    Edwin  Maxey. 

American  law  review,  vol.  39  {Mar.-Apr.,  1905) :   182-186. 

1905.     Federal  regulation  of  corporations:   a  dangerous  departure. 
John  E.  Parsons. 
Green  bag,  vol.  17  (Mar.,  1905)  :  135-137. 

1905.     Federal  regulation  of  corporations :  a  public  necessity.    Wil- 
liam J.  Curtis. 
Green  bag,  ml.  17  {Mar.,  1905) :  138-141. 

1905.     The  concurrent  power  of  the  states  to  regulate  interstate  and 
foreign  commerce.    David  Walter  Brown. 
Columbia  law  review,  vol.  5  {April,  1905) :  298-311. 

Summarizes  decided  cases  to  show  that  at  the  passage  of  the 
Sherman  antitrust  act  in  1890  it  had  been  well  worked  out 
that  the  indirect  effect  upon  interstate  and  foreign  commerce 
proceeding  from  the  regulation  of  its  incidents  by  the  States 
was  not  obnoxious  to  the  Constitution,  while  the  Northern 
Securities  case  presented  a  clear  example  of  restraint  which 
was  not  direct  in  fact  but  the  presence  only  of  a  power  to 
restrain,  "and  the  court,  departing  from  the  principles  of, 
eighty  years,  held  the  mere  power  to  restrain  to  be  actual 
direct  restraint." 

1905.     Rate  regulation  as  a  federal  function.     Charles  A.  Prouty. 
World  to-day,  vol.  8  {Apr.,  1905) :  4H-4^7. 


14  LIBRARY    OF    CONGRESS 

1905.     Federal  control  of  corporations.     Thomas  Thacher. 
Tale  law  journal,  vol.  H  {April,  1905) :  301-311. 

Opposes  Garfield's  plan  for  Federal  incorporation  "which  is 
unconstitutional  in  its  purpose,  .  .  .  and  substitutes  an 
advanced  paternalism  for  liberty  ..." 

1905.     Incorporation  by  the  states.    Herbert  Knox  Smith. 
Yale  law  journal,  vol.  U  {May,  1905) :  385-397. 

1905.     National  incorporations.     H.  W.  Chaplin. 

Columbia  law  review,  vol.  5  {June,  1905) :  1^15-^35. 

Maintains  the  legality  and  feasibility  of  federal  incorpo- 
ration and  c-ontrol  supported  by  reference  to  cases.  The 
Lottery  case  and  the  Northern  securities  case  show,  in  the 
writer's  opinion,  the  power  of  Congress  *'  to  prescribe  that 
no  corporations,  or  no  coriwrations  of  more  than  a  certain 
magnitude,  shall  enter  the  field  unless  they  be  of  federal 
creation  and  thus  under  exclusive  federal  control." 

1905.     Great  powers  of  the  interstate  commission.     H.  T.  Newcomb. 

Freight,  vol.  3  {June,  1905) :  282-283. 

1905.     The  power  of  Congress  to  regulate  railway  rates.     Victf)r 
Morawetz. 

Harvard  law  reriew,  ooL  18  {June,  1905) :  572-587. 

1905.     Federal  control  of  all  banks. 

Bankers'  magazine    {New    York)    twl.    71    {Aug.,   1905) : 
153-15k. 

1905.     The  exclusiveness  of  the  jwwer  of  Congress  over  interstate 
and  foreign  commerce.    James  S.  Rogers. 
American  law  register,  vol.  53  {Sept.,  1905) :  529-571 ;  {Oct.. 
1905) :  593-^40. 

"  This  article  is  an  endeavor  to  clarify  the  subject  .  .  .  and, 
as  a  result,  to  show  that  only  the  exclusive  theory  is  sound." 

1905.     Constitutional  law:  reserved  power  of  legislature  to  alter  or 
repeal  charters  of  corporations. 
Albany  law  journal,  vol.  67  {Oct.  1905) :    301-305. 

1905.     Federal  control  of  interstate  commerce.     Harry  Earl  Mont- 
gomery. 

American  academy  of  politlccd  and  social  science.  Annals, 
vol.  26  {Nov.  1905)  :  6Jf2-65J^. 

1905.     Past  experience  of  federal  responsibility  for  corporations. 

Commercial  <f  finafncial  chronicle,  vol.  81  {Dec.  30,  1905) : 
1818-1820. 


FEDERAL    CONTROL    OF    COMMERCE    AND    CORPORATIONS         15 

1905.     The  insurance  investigations.     Charles  Bulkley  Hubbell. 

Green  hag,  vol.  17  {Dec.  1906) :  686-689. 

"  If  it  can  be  found  that  federal  supervision  of  life  insurance  is 
within  the  functions  applicable  to  inter-state  commercial  re- 
lations an  important  safeguard  will  be  established." 

1905.  Limitations  upon  the  power  of  one  state  to  exclude  the  cor- 

porations of  another.    Eugene  F.  Ware. 
Green  lag,  vol.  17  {Dec.  1905) :  699-701. 

1906.  Congress,  and  the  regulation  of  corporations.    E.  Parmalee 

Prentice. 
Harvard  law  review,  vol.  19  {Jan.  1906) :  168-199. 

Argues  that  the  "power  to  regulate  freights  and  fares  for 
interstate  transport "  does  not  belong  to  the  states  as  decided 
by  the  Supreme  Court  in  Wabash  Railroad  Co.  v.  Illinois,  in 
1886.  "  The  states  being  thus  deprived  of  the  power  to  regu- 
late interstate  rates,  the  doctrine  has  now  become  current 
that  the  Constitution  gave  this  power  to  Congress,"  This 
proposition  is  examined  in  the  light  of  precedent  and  consti- 
tutional interpretation  with  the  conclusion  that  Congress 
has  no  control  in  the  matter.  So  that  the  Constitution  does 
not  permit  interference  either  by  the  States  or  Congress. 

1906.     Federal  regulation  of  quarantine.    W.  E.  Walz. 
Michigan  law  review,  vol  4  {Jan.  1906) :  189-198. 

"  Maintaining  that  Congress  has  control  over  quarantine,  so 
far  as  interstate  and  foreign  relations  are  concerned,  under 
the  commerce  clause  of  the  Constitution."  (Harvard  law 
review.  Mar.,  1906,  page  393.) 

1906.     New  fields  for  federal  power. 

Nation,  vol.  82  {Feb.  15, 1906) :  131-132. 

1906.     The  Dartmouth  college  paralogism.     William  Trickett. 

American  law  review,  vol.  Ifi  {Mar.-Apr.  1906) :  175-187. 

"  In  so  far  as  it  has  made  control  of  corporations  by  the  states 
impossible,  its  effect  has  been  largely  pernicious." 

1906.     The  original  package  ineptitude.     William  Trickett. 
Golurribia  law  review,  vol.  6  {Mar.,  1906) :  161-17 J^. 

"  Has  not  the  time  arrived  to  abandon  the  judge-made  canon 
that  the  immunity  of  an  import  from  state  control  depends 
upon  its  remaining  in  the  form  in  which  it  first  appeared 
within  the  State,  and  in  the  ownership  of  the  importer,  or, 
retaining  that,  to  concede  the  right  of  the  importer  to  import 
for  retail,  and  in  packages  designedly  adapted,  without 
breach,  to  purchase  by  consumers?  " 


16  LIBRABY    OY    CONGRESS 

1906.     The  proposals  for  the  amendment  of  the  interstate  commerce 
act.    John  B.  Daish. 
Green  hag,  vol.  18  {Mar.,  1906) :  160-152. 

1906.     Industrial   corporations.     Federal   incorporation   for   those 
doing  an  interstate  business.    John  Bascom. 
Moody'' s  magazine,  vol.  1  {March,  1906) :  Ifil-JiOH. 

1906.     Has  the  federal  government  a  police  power? 

National  corporation  reporter,  vol.  S2  {Aug.  2,  1906) :  849- 
850. 

1906.  Constitutional  limitations  on  the  regulation  of  corporations. 

Frederic  R.  Coudert. 
Columbia  law  review,  vol.  6  {Nov.,  1906) :  485-Jf96. 

1907.  Speech  of  Mr.  Elihu  Root  on  National  government  control. 
Manufacturer,  vol.  W  {Feb.  15, 1907) :  15-16. 

1907.     Federal  incorporations.     Frederic  Jesup  Stimson. 
Inter-nation,  vol.  1  {Mar.,  1907) :  58-63. 

1907.   The  nation  versus  state's  rights.     William  Jennings  Bryan. 
Albert  J.  Beveridge. 

Reader,  vol.  9  {Mar.,  1907) :  3i9-364;  {Apr.,  1907) :  461-471. 

1907.     The  commerce  clause  of  the  federal  constitution  and  two 
recent  cases  dealing  with  it.     S.  S.  Gregory. 
Michigan  law  review,  vol.  5  {April,  1907) :  4^^-438. 

Howard  v.  Illinois  Central  Railroad  co.,  148  Fed.  Rep.,  997; 
and  Brooks  v.  Southern  Pacific  co.,  148  Fed.  Rep.,  986. 

1907.     The  President's  proposal  for  a  federal  railroad  system.     Ed- 
ward L.  Andrews. 

Albany  law  journal,  vol.  69  {Sept.,  1907) :  266-271. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 
LOAN  DEPT. 

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